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cnorris517

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  1. Yes it is. Hopefully it'll get lifted and then hopefully thing will progress. I'm not holding my breath
  2. Bit of a delay in updating the thread as I've been moving house etc. Anyway I have a hearing on december 17th at the London Mercantile Court. Apparently this hearing is to decide on whether or not my claim is stayed because I objected to the stay that Cobbetts applied for. Hopefully it'll all be resolved on the 17th. Has anyone got any advice for me what do I need to do/take/say I'm a little scared I might fluff it all
  3. Guys I'm after some advice on the mercantile court I don't understand how this court differs from the CC and exactly what I'm supposed to bring along. Can any of you guys offer me some advise or point me in the direction of a useful thread please? Thanks Chris
  4. Thanks to one and all I'll print off the template and send it recorded tomorrow morning. I'll keep you all updated
  5. Hi guys I've just started the recovery process against Barclaycard and I'm after a little advice. I sent this on July 30th and I haven't recieved anything yet. Obviously the 40 days are now up and I still haven't recieved a thing. What is BC's standard procedure for dealing with S.A.R - (Subject Access Request)'s should I phone them and chase the records or should I just take it straight to court?
  6. Just a quick update I've filed my AQ today (got an N150) and attached the draft order for directions. Hopefully the court will approve them and I can get this moving a little faster.
  7. Well I phoned the court the day after my previous post and they said no stay had been applied to the case but that a Stay had been applied for. So I submitted my letter arguing against the stay as previously stated. Anyway this morning an AQ arrived on my doorstep which I have to return by 11/9/07. In light of the OFT case is there anything else I should do with my AQ, I'm already planning on using the new AQ strategy to speed things along a bit. Cheers Chris
  8. Has anyone had any success with getting a stay lifted yet?
  9. Recieved a letter yesterday morning from Cobbetts which is an application to "Stay" my proceedings until after the OFT case concludes I'm going to phone the court on monday morning and see whether the case has been stayed or not. In either case I'm going to use the wording here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html to either set aside the stay or argue against it.
  10. Cheers Steven you've set my mind at rest. I'll sit back and wait for the court to request and AQ or provide instructions.
  11. Thanks mate I kind of assumed that it was standard nonsense but I thought i'd better check. They also seem to have ignored the final paragraph of my POC in their defence too.:o Should I be worried about the stuff that is over 6 years old now? Will it cause me grief later when I claim for the charges older than 6 years if they've been struck out of this claim? And finally what is your opinion on the new AQ procedure BankFodder came up with. Worth a shot? Thanks Chris
  12. Ok so this morning a brown envelope arrives at my house, ignoring the fact that Cobbetts have used the wrong correspondence address (I'm planning on moving shortly so I asked all correpondence to go via my parent's address) I've had the following defense document This looks similar to some of the defences I've seen posted but it's not entirely the same so once again I'm afraid I need to bother you guys. It looks to me as if Cobbetts are challenging on the basis that the spreadsheet included with the POC didn't properly itemise the charges ie lacked a description of the charge. This is basically the same spreadsheet that the customer services people asked me to create. This has been dragging on for a while so it now includes some charges which are over 6 years old which I mistakenly included in the claim (I'm doing a seperate claim for the stuff over 6 years old when NW finally respond fully to my S.A.R - (Subject Access Request)) Additionally it looks like Cobbetts are wanting to use the charge for a service not a penalty defense. What do you guys think I should do here? Cobbetts are indicating they will ask for the POC to be struck out should I amend it or wait for directions from the court? Should I use the new allocation questionnaire strategy if/when the allocation questionnaire is sent? Or failing that should I wait for directions from the court? Any advice is as always greatly appreciated. For reference I've included my POC below and an example charge to show how I particularised the charges.
  13. Hedgey, once again your advice is fantastic I didn't even consider asking to have the defence struck out as an abuse of process before I attempt to have the draft order imposed. Thanks again Chris
  14. Ok so my acknowledgement of service arrived yesterday from Cobbetts stating unsurprisingly that they wish to defend the claim. I'm assuming that I'll get an allocation questionnaire very shortly from the court. I'm thinking of using the new strategy as outlined here but I see it's only getting a 50-ish% success rate. Could it be construed in anyway as intimidatory and therefore cause the bank to be able to claim harrasment or something similar? Also looking at the timescales in the successes subforum it looks like the average duration from claim to payout is 3 to 3 & 1/2 months is this correct or can I expect to see this claim drag out well into the new year? Thanks again guys Chris
  15. Hedgey thanks for all your help. I took your advice and completed an N1 rather than use MCOL. I dropped the form and payment off with my local court yesterday. I'm assuming it'll be a couple of days to process the papers before they are served on NW with any luck i'll get a judgement by default in 14 days. Knowing my luck though Cobbetts will keep me running around t ill Christmas. I'll keep you all posted. Chris
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